Carrillo v. State

OPINION

LEE, Justice.

A jury found appellant guilty of possession of cocaine with intent to deliver. See Tex. Health & Safety Code Ann. § 481.112(a) (Vernon Supp.1998). The jury assessed punishment at eighteen years confinement in the Institutional Division of the Texas Department of Corrections and a $20,000.00 fine. In one point of error, appellant contends the trial court erred in proceeding to trial upon a lost indictment in violation of article 21.25 of the Texas Code of Criminal Procedure. We reverse and remand.

Before voir dire, the trial court instructed the prosecutor to arraign…